Do the Programs Include Written Materials?
Yes. Written materials are distributed electronically to attendees.

Are questions welcome?
Absolutely. Questions may be submitted any time during the live event or afterward via email. Attendees are also encouraged to participate in live, anonymous polling.

Where is the program being held?This program is a live, online webinar.

MCLE Credits1.25 practical skills/general MCLE credits have been approved by the Oregon State Bar.

Can’t Attend?Video and audio recordings will be available to download along with the program materials shortly after the live program event. Price: $25. Contact me or visit my online CLE store to place an order.

eCourt is available twenty-four hours a day, seven days a week. Convenient? Absolutely! But with convenience comes risk.

Tempted by the generous schedule, it is easy to form the habit of postponing filing until shortly before midnight on the day the filing is due.

While far from ideal, last-minute filing will succeed if your document is accepted. But therein lies the trap. Acceptance is not instantaneous. It may take one to three court days before the clerk processes your document. What happens if the statute of limitations expires during this time?

If you receive notice that your filing was rejected after the statute of limitations has run, your only hope is to request relation back. Beyond strict compliance with the rules – which lay out a detailed scheme for resubmitting your filing and seeking relation back – there are other nuances in play. Handling relation back correctly means your client’s case goes forward. Mishandling relation back may result in a legal malpractice claim.

To understand what is at stake, and the specific steps you need to take, let’s begin by reviewing the filing process:

When is a Filing Accepted?

As noted above, eCourt filings are not automatically accepted when submitted. Every filing is reviewed by a court clerk:

If the court accepts the document for filing, the date and time of filing entered in the register relate back to the date and time the electronic filing system received the document. When the court accepts the document, the electronic filing system will affix the date and time of submission on the document, thereby indicating the date and time of filing of the document. UTCR 21.080(4).

If the court rejects a document submitted electronically for filing, the electronic filing system will send an email to the filer that explains why the court rejected the document, unless the filer has elected through system settings not to receive the email. The email will include a hyperlink to the document. UTCR 21.080(5).

Resubmitting a Rejected Filing

If you receive notice that your filing has been rejected after the statute or deadline is expired, follow UTCR 21.080(5)(a) to the letter. Correcting your original filing mistake and resubmitting your document is not enough to receive relation back.

To apply for relation-back to the original filing date, follow these steps:

Diagnose and fix your filing error. The rejection notice issued by the electronic filing system will explain why the court rejected your document.

Resubmit the document within 3 days of the date of rejection. If the third day following rejection is not a judicial day, then resubmit the filing the next judicial day. Resubmission means submission of the document through the electronic filing system or physical delivery of the document to the court. UTCR 21.080(5)(a).

Include a cover letter with your resubmitted filing that contains the following information:

the date of the original submission

the date of the rejection

an explanation of the reason you are requesting the date of filing to relate back to the original submission

include the words “RESUBMISSION OF REJECTED FILING, RELATION-BACK DATE OF FILING REQUESTED” in the subject line of your cover letter. UTCR 21.080(5)(a)(i).

If your resubmission is filed electronically the words “RESUBMISSION OF REJECTED FILING, RELATION-BACK DATE OF FILING REQUESTED” must also be included in the Filing Comments Field. UTCR 21.080(5)(a)(ii).

Mistakes Happen

If you apply for relation back and realize that you did not fully comply with UTCR 21.080(5)(a), what should you do? If you are within the three day window for resubmission, there is no harm in trying again. The rule does not limit filers to a single resubmission attempt. Resubmit your filing a second time, with the proper cover letter and required information in the filing comments field. Be aware that getting relation back – even when you meet the technical requirements set forth in UTCR 21.080(5) – is within the court’s discretion and not guaranteed. While every effort is made to ensure uniform application of the rules, practices may vary from jurisdiction to jurisdiction. Furthermore, responding parties may object to a request for relation back within the time limits as provided by law for the type of document being filed. UTCR 21.080(5)(b).

These are important points for eFilers to grasp. Even if you fully and timely comply with UTCR 21.080(5), getting relation back is not an automatic right.Your best defense is to do it right the first time and follow the tips at the end of this article.

Technical Difficulties

There is one other basis for requesting relation back. If the eFiling system is temporarily unavailable or if an error in the transmission of the document or other technical problem prevents the eFiling system from receiving a document, the court may, upon satisfactory proof, permit relation back. UTCR 21.080(6).

A filer seeking relation back due to “technical difficulties” must follow the same steps as any other filer resubmitting a rejected filing. (See the steps described above in Resubmitting a Rejected Filing.) In addition, the filer is permitted to attach supporting exhibits that substantiate the system malfunction.

PRACTICE TIP: Slightly different language is required in the cover letter and filing comments field if relation back is sought under UTCR 21.080(6): “RESUBMISSION OF REJECTED FILING, SUBMISSION UNSUCCESSFUL, RELATION-BACK DATE OF FILING REQUESTED.”

CAVEAT: Technical problems with the filer’s equipment or attempted transmission within the filer’s control will not generally excuse an untimely filing.
UTCR 21.080(6).

Staying Out of Trouble

Review the eCourt resources and practice aids available on the Professional Liability Fund website. Select Practice Management, then Forms, and under “Filtered by Category,” choose “eCourt.” [Or search this blog for eCourt posts.]

Judging by the numbers, Oregon eCourt is a success. In February, March, and April of this year an average of 65,666 documents were filed electronically using the Odyssey eFile and Serve system: Easy-Peasy or a Bumpy Ride?

The transition from paper-based filing to eFiling hasn’t been easy.

A record number of Oregon lawyers went inactive or resigned from the bar in December 2014/January 2015, leading some to speculate that mandatory eFiling drove veteran members to retire sooner than originally planned.

Why might that be? eFiling requires an investment of time and money. To succeed, eFilers need to know the rules, understand the technology, subscribe to OJIN/OJCIN, and buy a decent scanner and PDF conversion software.

Rejection Rates

For those who persevered, kudos to you! Of the 197,000 filings in February, March, and April of this year, less than 10% were rejected. Bottom line: Oregon lawyers [or their staff] are getting it right.

Statewide standards for the acceptance of electronic filings are intended to provide clear consistent guidance to practitioners and courts on the proper use of the OJD eFiling system (File and Serve). The standards are grouped into two broad categories: (1) how to properly use the system from a technical perspective to ensure acceptance of eFiled documents, and (2) compliance with Uniform Trial Court Rules (UTCR) Chapter 21 or ORCP 9E.

These standards will help educate eFilers on the correct usage of File and Serve to provide them with a high quality experience, support consistent statewide messages to accompany returned electronic filings with instructions on how to cure the error, and allow the Oregon Judicial Department (OJD) and eFilers to achieve the full benefits of an electronic filing system.

OJD has also released a new Supplemental User Guide. This document provides descriptions of the most common mistakes made by eFilers and step-by-step directions for fixing them. It is a must-read for all lawyers and staff who use the Odyssey eFile and Serve system.

Mandatory eCourt begins today for the eleven circuit courts that currently have the Oregon eCourt system. In last week’s post, I described 10 steps to get ready for eFiling. Today I want to address how to manage the stress and anxiety of this transition.

Give Yourself Extra Time

I truly believe that once practitioners gain experience with eFiling, the transition will be embraced. I appreciate that the road to gaining experience brings anxiety, especially since there is no way to “practice” with the Odyssey eFile & Serve system.

Knowing that the first filing or two might be a little nerve-wracking, please give yourself extra time. You will become familiar with the process, but building familiarity and confidence takes time. Don’t create extra pressure for yourself by waiting until the deadline date to file a document. If your filing is rejected, you will need to seek relation back to cure the missed deadline.

If at all possible, file well in advance of the deadline. If your filing is rejected, you will have time to breathe, fix the problem, and refile.

File During Business Hours When Support is Available

The Odyssey eFile & Serve system is available 24 hours a day, 7 days a week. While it may be tempting to complete a filing at 10:00 p.m. Friday night, technical support staff are not available to assist you if something goes awry.

File during regular business hours, Monday through Friday, 7:00 a.m. to 9:00 p.m. Central Time when Tyler Technologies support staff can assist you.

Tyler Technologies support staff can walk you through:

Initiating a new filing

Filing into an existing case

eServing parties in a case

Tech support can also use “GoToAssist” to take control of your computer and help you complete an eFiling. Keep the support number handy: 1.800.297.5377 and don’t hesitate to use it.

Reach Out to Experienced Colleagues

If you know a colleague who has used the Odyssey eFile & Serve system system, ask for pointers. There are practitioners in Yamhill, Crook, Jefferson, and a handful of other counties who have lived with eCourt for 18 months. If you don’t know of someone personally who has used the system, posting to a listserv or contacting a Resource Lawyer through the Oregon State Bar Lawyer-to-Lawyer program may be an option. (Note: eCourt is not a specific resource category in the Lawyer-to-Lawyer program, but Litigation is.)

On December 1, 2014, eCourt will become mandatory for the eleven circuit courts that currently have the Oregon eCourt system, including the eFiling requirement. Follow these steps to get ready for the mandatory transition:

Create an eCourt account by registering with Odyssey eFile & Serve. Don’t wait, do it now. If you need assistance setting up your account, it may be difficult to reach Technical Support on the December 1 effective date. Registration is only a few steps. Choose an account type, enter your name, contact information, and e-mail address, then create a password. Sole practitioners should register as a “Firm Administrator.”

Login to Odyssey eFile & Serve with your e-mail address and newly created password, click on the Firm Administrator tab, and set up a payment account (credit card). [Note: if you are a firm member who created an individual user account this step was completed by your Firm Administrator.]

Check your “tech.” To be an e-filer, lawyers will need a scanner and PDF conversion software with OCR (Optical Character Recognition) capability. More on this below.

Sign up for one of the free, one-hour training sessions on how to use Odyssey eFile & Serve. There are three classes this week and additional classes scheduled for December. See the complete class listing here. During the training you can ask questions. If desired, take the training more than once.

Watch the Oregon eCourt Update CLE presented on November 19, 2014 – available for Oregon lawyers to stream or download free of charge on the Professional Liability Fund (PLF) website. This CLE provides an overview of the rules and includes a question and answer session with Oregon Judicial Department staff.

Get an OJCIN Account (Oregon Judicial Case Information Network). OJCIN is the official website of Register of Actions and judgment records for the State of Oregon Judicial Department. OJCIN includes OJIN (Oregon Judicial Information Network), OECI (Oregon eCourt Case Information Network), and ACMS (Appellate Case Management System). If you want to view case activity and access documents online, you must have an OJCIN account. ($35.00 per month.)

Monitor the Oregon State Bar (OSB) and PLF websites. Using the discussion from the Oregon eCourt Update CLE, OSB staff are preparing answers to frequently asked eCourt questions that will be posted in the near future. This information will also be accessible on the PLF website.

For PDF conversion software, nothing beats Adobe Acrobat XI in this author’s opinion. (Get the “Pro” version for the redaction features.) While it may seem that you have no choice but to subscribe to Acrobat on a monthly basis, you can still purchase the product outright. Call sales at 800-585-0774 for details. My two cents: Buy the subscription. Adobe is running a 25% off sale through December 3. A subscription to Acrobat XI Pro is $14.99 per month (normally $19.99). Subscriptions are locked in for one year and include all upgrades free of charge plus free telephone support. If you purchase Acrobat XI Pro outright, you must buy the upgrades separately. Free telephone support ends in 30 days, although other support options remain available.

Create searchable PDFs of attachments to pleading documents (e.g., a scanned copy of a Last Will and Testament attached to a petition for probate – a copy of the Will is eFiled with the petition; the original Will must be filed conventionally).

Create searchable PDFs of signature pages or signed documents. (Text on the page will be searchable; signatures will not.)

Note: Lawyers sign eCourt documents using a conformed signature: /s/ Lawyer Name. If you are eFiling a document containing signatures other than your own, you must scan the signature page or the entire document.

Master the Tech and Make Your Life Easier

If you aren’t already using a version of Word, WordPerfect, or OpenOffice with built-in PDF conversion, upgrade now.

When you convert to PDF directly from within Word, WordPerfect, or OpenOffice your document is automatically text searchable. No need to scan.

Always choose File > Print > to create a PDF from your word processing program. Select File > Print, find the PDF printer in your printer list (Adobe PDF for example), click Print, give your document a name, and save it in the desired location. When you create a PDF by selecting File > Save As > PDF or File > Publish to PDF, you are converting all the metadata in your document. Additionally, files that are “published” to PDF are about 80% larger than documents that are “printed” to PDF.

Digital pleading templates are the way to go. If you are printing the body of your document on numbered pleading paper, you will need to scan and OCR your documents for eFiling. If you aren’t familiar with digital pleading templates, check out these options from Microsoft. [Note: conform all templates to meet Oregon court rules.]

Troubleshooting

Don’t struggle on your own! Call Odyssey eFile & Serve free technical support at 1.800.297.5377, Monday through Friday, 7:00 a.m. to 9:00 p.m. Central Time. Tech support can help with the following issues:

You can find quite a bit of useful information in the Odyssey eFile & Serve Knowledge Base, which is divided into these categories: Administration, Court Contact, eFiling, eService, Notifications, and Support and Training.

Under Administration, learn about attorney management, fees, firm information, passwords, payment accounts, reconciliation, registration, and user management. Under Court Contact find telephone numbers and other contact information for Multnomah, Yamhill, Crook, and Clatsop County Circuit Courts. eFiling provides information on the active locations for eCourt, describes the filing process, document status, and how to create templates in the eFiling workspace. Under eService read answers to commonly asked questions, such as where do I find proof of service for a filing I submitted? (Also see Notifications.) Access the Knowledge Base here. Look for this sidebar on the left side of your screen: